Select view:

Taxes Consolidation Act, 1997 (Number 39 of 1997)



629ACompany ceasing to be resident on formation of SE or SCE.

If at any time a company ceases to be resident in the State in the course of—

(a) the formation of an SE by merger, or

(b) the formation of an SCE,

then, whether or not the company continues to exist after the formation of the SE or (as the case may be) the SCE, the Tax Acts and the Capital Gains Tax Acts shall apply to any obligations of the company under this Act in relation to liabilities accruing and matters arising before that time—

(i) as if the company were still resident in the State, and

(ii) where the company has ceased to exist, as if the SE or (as the case may be) the SCE were the company.




629A. Tax on non-resident company recoverable from another member of group or from controlling director

(1) In this section—

"chargeable period" means a year of assessment or an accounting period, as the case may be;

"control" shall be construed in accordance with section 432;

"controlling director", in relation to a company, means a director of the company who has control of the company;

"director", in relation to a company, has the same meaning as in section 116, and includes any person within section 433(4);

"group" has the meaning which would be given by section 616 if in that section references to residence in a relevant Member State were omitted and for references to "75 per cent subsidiaries" there were substituted references to "51 per cent subsidiaries", and references to a company being a member of a group shall be construed accordingly;

"specified period", in relation to a chargeable period, means the period beginning with the specified return date for the chargeable period (within the meaning of section 959A) and ending 3 years after the time when a return under Chapter 3 of Part 41A for the chargeable period is delivered to the Collector-General;

"tax" means corporation tax or capital gains tax chargeable by virtue of section 627(2);

"taxpayer company" means a company which is chargeable to tax by virtue of section 627(2).

(2) This section shall apply at any time on or after 10 October 2018 where tax payable by a company for a chargeable period (in this section referred to as "the chargeable period concerned") is not paid within 6 months after the date on or before which the tax is due and payable.

(3) The Revenue Commissioners may, at any time before the end of the specified period in relation to the chargeable period concerned, serve on any person to whom subsection (4) applies a notice—

(a) stating the amount which remains unpaid of the tax payable by the taxpayer company for the chargeable period concerned and the date on or before which the tax became due and payable, and

(b) requiring that person to pay that amount within 30 days of the service of the notice.

(4) (a) This subsection shall apply to any person, being—

(i) a company which is, or during the period of 12 months ending with the time when the gain accrued was, a member of the same group as the taxpayer company and which is resident in the State, and

(ii) a person who is, or during that period was, a controlling director of the taxpayer company or of a company which has, or within that period had, control over the taxpayer company and who is resident in the State.

(b) This subsection shall apply in any case where the gain accrued before 10 October 2019, with the substitution in paragraph (a)(i) of "beginning with 10 October 2018, and" for "of 12 months".

(5) Any amount which a person is required to pay by a notice under this section may be recovered from the person as if it were tax due by such person, and such person may recover any such amount paid on foot of a notice under this section from the taxpayer company.

(6) A payment in pursuance of a notice under this section shall not be allowed as a deduction in computing any income, profits or losses for any tax purposes.




Inserted by FA06 s60(d).


[-] [+]

Substituted by FA18 s32. Comes into effect from 10 October 2018.